The Short Title of this Act shall be “The Merchant Shipping Acts Adoption Act 1869” and it shall come into operation on the first day of January one thousand eight hundred and seventy Provided that the provisions contained in sections numbered from one hundred and thirty-one to one hundred and forty both inclusive in the third Part of the said principal Act relating to the examination and certificates of masters and mates shall not come into operation until such time as shall be hereafter appointed by the Governor in Council.

“The Merchant Shipping Act 1854 Adoption Act” is hereby repealed Provided that such repeal shall not affect

Anything duly done before this Act comes into operation

Any liability accruing before this Act comes into operation

Any penalty forfeiture or other punishment incurred or to be incurred in respect of any offence committed before this Act comes into operation

The institution of any investigation or legal proceeding or any other remedy for ascertaining enforcing or recovering any such liability penalty forfeiture or punishment as aforesaid.

The third Part of the said first-mentioned Act of the Imperial Parliament called “The Merchant Shipping Act 1854” herein referred to as “the principal Act” (except as is hereinafter excepted and except so far as the same is amended by the Acts hereinafter mentioned) shall from and after the coming into operation of this Act be applied so far as the same is applicable to all British ships registered at trading with or being at any place within the jurisdiction of New Zealand and to the owners masters and crews of such ships There shall be excepted from this application and adoption such of the provisions of the said third Part relating to local Marine Boards as are contained in sections numbered from one hundred and ten to one hundred and twenty-one inclusive and there shall also be excepted the sections numbered respectively two hundred and twenty-four two hundred and twenty-seven two hundred and thirty-one and from two hundred and sixty to two hundred and sixty-six inclusive.

The provisions of sections thirteen and fifteen and sections eighteen to twenty-four inclusive of “The Merchant Shipping Act Amendment Act 1862” aforesaid and the provisions of sections numbered three to eleven inclusive of “The Merchant Shipping Act 1867” aforesaid are hereby applied and adapted to all British ships registered at trading with or being at any place within the jurisdiction of New Zealand and to the owners masters and crews thereof.

In applying the provisions of this Act and the provisions of the said Acts hereby adopted and in order to adapt the same to British ships registered at trading with or being at any place within the jurisdiction of New Zealand and to the owners masters and crews thereof the following words and expressions shall have the several meanings hereby assigned to them (unless there be something in the subject or context repugnant to such construction) that is to say “The United Kingdom” shall include “New Zealand” “The Board of Trade” shall include “The Governor of New Zealand” “The Local Marine Board” shall include any person or persons from time to time appointed by the Governor by warrant under his hand to exercise or perform at any port or place in New Zealand the powers or duties vested in or imposed on a local Marine Board by the provisions adopted hereby “Master” shall include every person (not being a pilot) having the command or charge of any ship “Seaman” shall include every person (except masters pilots and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship “Ship” shall include every description of vessel used in navigation and not propelled by oars “Home-trade ship” shall include every ship employed in trading or going between any port or place in New Zealand and any other port or place in the said Colony or in any Australian Colony or in Tasmania “Foreign-going ship” shall mean and include every ship not comprehended in the term Home-trade ship “Officer” shall mean and include Superintendent of Mercantile Marine Office or Officer of Customs “Stipendiary Magistrate” shall mean Resident Magistrate The following words in section one hundred and forty-nine of the principal Act “except ships of less than eighty tons registered tonnage exclusively employed in trading between different ports on the coasts of the United Kingdom” shall be read as follows “except ships of less than fifty tons registered tonnage exclusively employed in trading between different ports on the coast of New Zealand” and the words in section one hundred and sixty-two “home-trade ships of more than eighty tons burden” shall be read as follows “home-trade ships of more than fifty tons registered tonnage” The words “Commissioners of Customs” wherever they occur in the said Acts shall be read as meaning and including the Commissioner of Customs for the time being in New Zealand.

The various books instruments and papers required to be used under this Act or the provisions of the Acts by this Act adopted shall be supplied at the Custom Houses or Mercantile Marine Offices in New Zealand at such moderate prices as the Governor in Council may from time to time fix and every such book instrument and paper as aforesaid shall be made in the form issued by the Board of Trade and sanctioned by it as the proper form for the time being or shall be in the form sanctioned and approved by the Governor in Council and no such book instrument or paper as aforesaid unless made in such form shall be admissible in evidence in any civil proceeding on the part of any owner or master of any ship.

At any port or place in New Zealand where there is no Mercantile Marine Office anything by this Act or by the provisions of the Acts hereby adopted required to be done in presence of or by a Superintendent of a Mercantile Marine Office shall be done in presence of or by an Officer of Customs.

In case any seaman shall be unable to produce a Certificate of Discharge from his last ship it shall be lawful for the Superintendent of any Mercantile Marine Office or any Officer of Customs on being satisfied of the fact of such inability and upon payment of such fee as may be fixed by the Governor in Council to grant to such seaman a permit to engage himself in any foreign-going ship or if any seaman shall prove to the satisfaction of such Officer that without any fault of his own he has lost or been deprived of his Certificate of Discharge such Officer may grant a permit as aforesaid to such seaman to ship in any home-trade ship.

All instruments used in carrying into effect the provisions of this Act or the parts of the Acts hereby adopted shall if made in the prescribed forms be exempt from Stamp duty.